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gperkins53 · Joined: 27 Sep 2009 Posts: 1 1.47 Dollars($)

We are buying a townhouse and the seller is owner financing. She deferred a few payments because we were renting elsewhere until the end of this last school year. Our payments that we were to pay while not living in the townhouse were divided up into the other months for the rest of this year. Once we moved in, the lawyer attempted to file foreclosure on us. We were not behind on our payments. The seller knew we would be struggling to make the payments for this year and knew we would not make a full payment that was due on the first day of the month. We paid her the payment in part during each month. But it was always paid up before the end of each month. Septembers payment was the full amount. I thought foreclosure proceedings could not happen until the payment was 30 days or more past due. He charged her over $500 for this. And she just sent me a letter stating that I would have to pay her this. I feel that he is screwing us over on this. I should report him. Anyone have any help on this? And another thing. She waited until 6 months later to state that we bought this place 'AS IS". I never heard of such a thing. I blew up and said I never agreed to anything like that. Plus the damages caused by the Hurricane in 2008 is her 'problem'...it's in the contract. Maybe I should sue. She has turned out to be a Jekyl and Hyde person. PLEASE help with me with where to go with this! (I am in Texas.)

adonis · Posted: Sun Sep 27, 2009 8:08 pm Post subject:

Hi gperkins,

The terms and conditions of the foreclosure would be mentioned in the agreement that you've signed with the seller. You need to check it out to see if the seller can foreclose the property before 30 days of late payment have been completed. If no such clause is mentioned, then the seller has no right to do so. In such a situation, you can take legal steps against the seller.

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Foreclosure guidelines are what?